Immigration News Texas Judge Stopspresindet’s Executive Action On Immigration

By Author: Rayford Marks
Total Articles: 185
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Immigrant rights’ advocates awoke Tuesday morning to the disappointing immigration news that U.S. District Court Judge for the Southern District of Texas, Andrew Hanen, has issued a temporary injunction blocking the U.S. Department of Homeland Security (DHS) from implementing President Obama’s Executive Action on immigration reform. The lawsuit by 26 states, nearly all led by Republican governors, asked the federal judge to halt the expansion of the Deferred Action for Childhood Arrivals (“DACA”) and new Deferred Action for Parental Accountability (“DAPA”) programs, alleging that the programs violate the President’s duty to “faithfully execute” the laws of the U.S. The lawsuit further alleged that implementation of the expanded DACA and DAPA programs would cost the states significant sums in education and medical expenses and encourage future unauthorized immigration.

In his decision, Judge Hansen acknowledged his ruling runs contrary to Supreme Court and Fifth Circuit Appeals Court precedent that holds that executive enforcement decisions are generally non-reviewable. ...
... Judge Hanen distinguishes his decision, however, by arguing that the decision to not deport someone and the decision to affirmatively offer immigration benefits to a whole class of individuals are two different things. Judge Hanen’s decision will temporarily block the expanded DACA and DAPA programs but leaves in place the original DACA program announced in June 2012. The White House has indicated its attorneys plan to file an appeal to the Fifth Circuit. However, plans to begin accepting expanded DACA applications on Wednesday, February 18 have, for the time being, been cancelled.

The immigration attorneys at Charlotte Immigration Law Firm remain optimistic that President Obama’s DACA and DAPA initiatives on immigration reform will ultimately be found to be constitutional and that they will be implemented in the coming months. We will continue to monitor the news and advise our clients accurately on the rapidly changing world of immigration law and procedure.

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